License Following a Lexington First-Offense DUI

After someone receives a DUI, their driver’s license will be suspended and they will not be eligible to obtain a provisional license. The driver does have two options after a license suspension. They can either serve the suspension and complete the ADSAP (Alcohol and Drug Safety Action Program) or they could have the suspension cleared by completing ADSAP and having the ignition interlock device installed for the remainder of the suspension period (a minimum of three months).

If the individual is convicted of a DUI and their breath test reading is less than 0.15, they have three options:

• They can serve a six month suspension period and complete the ADSAP program
• They can obtain a provisional license enrolling in ADSAP (Form SR-22 does not have to be filed to obtain a provisional license)
• The suspension can be cleared by completing ADSAP and having the ignition interlock device installed for the remainder of the suspension period (minimum three months.

For a DUI first offense above a 0.15, their driver’s license is suspended indefinitely, they are not eligible to obtain a provisional license, and the suspension can only be cleared by completing the ADSAP program and having the ignition interlock device installed for six months.

Read below to learn more about license following a Lexington first-offense DUI. And if you are facing charges, call a seasoned first-offense DUI lawyer today.

Challenging a License Suspension After a DUI

The State has two automatic license suspensions in a DUI case, the criminal case and the administrative case. Upon a driver’s arrest, if they refuse to do the breath test, their driver’s license will be suspended for six months. If they take the breath test and their blood alcohol level is 0.16 or above, they will have their driver’s license suspended for one month.

An individual may decide to challenge the license suspension following a Lexington first-offense DUI. While the license suspension is in place, the individual has 30 days from the Notice of Suspension (which is essentially the same date as their arrest) to apply for a contested case hearing. Once that application is filed, their suspension will be put on hold while they attack the validity of the suspension.

There will be a hearing with a Hearing Officer at the Administrative Law Court (the Office of Motor Vehicle hearings) who will decide whether the statute on implied consent has been complied with under the law, and that will determine whether the suspension is appropriate or not.

If the arresting officer did not follow the proper protocol and procedures for implied consent, then the person’s driver’s license should not be suspended. However, if they refuse the breath test, they get a six-month suspension. The Officer of Motor Vehicle hearings affirms the conviction and they must serve the six month suspension for their refusal. If they are later convicted of a DUI, they have another six months suspension against their license. In many cases, they could easily be suspended for up to a year and have to deal with the consequences of having a suspended driver’s license.

Applying for Restricted Licenses

An individual can apply for a restricted license after being charged with a DUI before any conviction by filing an application with the Officer of Motor Vehicle Hearings at the Department of Motor Vehicles (DMV) in Columbia within 30 days. They can also complete the ADSAP, have the Ignition Interlock Device installed in their car, or all of the above.

Individuals who have their driver’s license suspended for these reasons must pay a $100 reinstatement fee to DMV. All of these things must be done to be ready to argue that the suspension was not proper. The State will argue that they complied with everything in the statute and the suspension is proper. For more information, consult with a knowledgeable defense attorney.

Getting License Back Following an Acquittal

If an individual is acquitted of a DUI, then the State cannot suspend their driver’s license again. However, if they had refused the breath test and had their driver’s license automatically suspended for six months, that is a separate and distinct matter from the DUI matter.

If you have any questions about your license following a Lexington first-offense DUI, call an experienced lawyer today. An attorney could advocate for you and help you keep your driving privileges.